Copyright and the creative process

"Seated Giraffe." Oil on canvas, 20 x 20 inches. 

As those of you who follow this blog probably know already, I have launched into a new body of work. I was basing the new paintings on animal-shaped toys. I thought it was fun. It even felt like a good progression from what I have been doing - both with painting animals and also with the simple "circle" paintings I have painted recently. I was excited about the new idea, and I jumped right in, as one does when one feels excited. I truly believed that painting these little toys was the same as painting a wine bottle, a Coke can, a car or any other random item that you might find in your house. Just like a still life. After all, Andy Warhol painted Cambell's soup cans! However, after painting a couple of these little animals, I began to have some doubts. I needed to put my mind at ease, so I began to do some internet searches. I pulled out my copy of Tad Crawford's book Legal Guide for the Visual Artist and began to read. The more I searched and read, the more I began to doubt that I should continue with my new paintings. I began to think I was violating a copyright. It was keeping me awake at night.

I finally decided to speak to a lawyer. The lawyer I talked to started out telling me that IF someone discovered what I was doing and decided to sue me, he thought I would have a pretty good case for "fair use." He was careful to explain to me what that meant, and why he believed that. Then I told him about some of the things that I had read, both in my book, and on the internet. As we talked, he was able to look up some of the cases I mentioned, and he began to change his mind. He then said that he would ask a colleague for another opinion. After hanging up with the lawyer, I no longer felt that I could continue to work on my "toy" paintings. I decided that I would write a letter to the company that manufactured these toys, and ask permission. The lawyer had advised against this, and told me that he believed that if I did ask permission, I would not get the answer I wanted, and more likely than not, the company would want me to pay royalties or a licensing fee. That is probably true, and I expect to be denied permission, or to have permission granted if I pay a licensing fee. I may not even get an answer. It doesn't matter. If my answer is "no", then I know I shouldn't keep painting these toys. (I have already stopped working on them.) Then, I am free to come up with another idea (which I am working on already.) There is always the small chance I will get a "yes!"

What have I learned through this whole process? Well, to begin with, I have learned that good ideas are only a starting place. They have to be turned over, tried out, bungled and refined before they become great ideas. I have learned that I have to listen to my own instincts. After all, this is my art, my life, and my little bum on the line if I do something that may be questionable. I have to be able to feel good about myself and my decisions, no matter what others may say. I have also learned that even things that feel like major setbacks at the time may end up being a launch pad for something even better.

I have also learned that when a deadline looms, small problems seem to become giants. Where's Jack and his beanstalk when I really need him, anyway?

Struggles

You know you need to buy new jeans when you discover that every pair you own has a hole in the knee. (and for some reason, it's always the right knee that seems to have the hole. ???)

Hi. I have been so quiet lately, and I wonder if you have all given up on me. I wouldn't blame you if you did. The studio has been taking up so much of my time and energy, and what I have left is for the husband. Oh, and the dog finds a way to wedge himself in there, too. Of course!

How is the painting going, you ask? Well, sometimes, you have a day where you spend two hours painting a background in, only to decide that you don't like the color of the background. So you do it all over again. And some days, you wipe half of the painting off and start over. I hope this means I am overdue for a magical day when everything I touch turns to gold.

At least some new paintings are being finished. Here's one, which I will be showing at JTAG in February:

"Pedicure." Collage, acrylic and oil on board, 12 x 9 inches. ©Karine Swenson2012

Released

"Released." Oil on canvas, 16 x 20 inches. ©2012 Karine Swenson

New Year, New post....finally!

2013! Here it is.

"Priority." Security envelopes, oil and graphite. 16 x 20 inches. ©Karine Swenson2012

I had to crawl into a little hole for a while there, but I am slowly emerging, back into the cyber world of blogging. And what an interesting world it is! I have begun to catch up with some of my fellow artist/blogging friends. They are all doing wonderful things. Just one example is Liz Holm, who has challenged herself to paint 30 paintings in 30 days. Stop over and see how wonderful these paintings are! I have been thinking of doing wonderful things, but I often feel as though the things I do are still not wonderful yet. You may think that sounds slightly pessimistic of me, but I see it as a necessity. If I really believed what I was doing right now was wonderful, do you really think I would keep painting? Would I continue to stretch and push myself as an artist? I tend to think I would not. I would keep doing the same thing, convinced that it was wonderful. I would never stretch. I would never push. I would stop exploring. And, in all honesty, I would most likely quit painting out of boredom.

So, into the studio I go once again. To keep striving. To impress myself. (The toughest critic I've ever had.)

I have found one of the best things I can do at the end of one year is reflect and write down everything I accomplished that year. It is an extremely rewarding exercise, and I highly recommend it. It helps me create the kind of feeling I want when thinking about all I want to accomplish in the New Year. One proud accomplishment for me in 2012 was completing 76 paintings. Ten of those paintings were 36 x 36 inches or larger. What about you? What accomplishment are you proud of last year?

The concept

Those of you who have been reading my blog or getting my newsletters know that I have a solo show coming up in April at the Metro Galleries in Bakersfield, California. I have been turning ideas over and over in my head for the show. I wanted to have something new that still had a strong connection to the work I have been doing. (Artists always want something new, doncha know.) As the days passed and the clock ticked, I began to fear that an idea would never come. Just when all hope was lost, it came. Whew! (breathe a sigh of relief for me here.) Now at last I can move forward with my paintings for the show. Since I abhor waiting until the last minute, I am really really happy about this.

Here it is: "Real and Imaginary: A Collection of paintings." I plan to paint a series of animals. Some will be done from real animals like what I've been doing with the desert animals, and some will be done from imaginary animals (mainly toys.) I am going to include the non-representational (abstract) paintings in the show. It is a way to show a progression: how far can we get from the way a real animal looks, while still recognizing it for what it is? It is a way for me to explain that my abstract work is not imaginary, as one might think, but rather a conglomeration of all the visual information that I take in all day every day.

Here is the first painting:

"Seated Horse." Oil on canvas, 20 x 20 inches. ©Karine Swenson 2012

This was painted from a tiny eraser I have, which was given to me by a dear friend. For one thing, when was the last time you ever saw a horse sitting down? If you compare it to what a horse really looks like, it really doesn't resemble a horse at all, and yet, somehow, we think of it as a horse, and we even teach our kids that something like this is a horse. There are more ideas that have been sparked surrounding my idea for this show, but I just wanted to give you a little taste. (this isn't a great photo of the painting, but it's too rainy outside today to get a better photo.)

What do you think of my concept?

I'm getting ready. Canvas and stretcher bars have been ordered. The first batch of art supplies arrived today.  Now I need to do some exploring of places with animals, to get some photos from real animals to paint. I will keep you posted on the progress here, just stay tuned.

"The concept is only the start of the process, the hardest work always comes after, when you're trying to make the idea real." - Harry West (Continuum's CEO)

One last peek at Sequim

It's fun to look at my photos from Washington state after being back in the desert. Such contrast. Mushrooms, for example. Not something we see everyday in Joshua Tree, that's for sure.

This photo has pretty much everything Joshua Tree doesn't have: water, leaves and tall trees.

It was nice to see the ocean, too. I took photos of the water, but of course it's always the creatures that really capture my attention.

I even got to ride on a ferry, and see Seattle in sunshine. WOW.

I knew I was back in the desert, driving back from Las Vegas Airport, since I had to watch out for all the tarantulas crossing the road. I wanted a photo to share with all of you, but it didn't seem safe to lay down in the middle of a road to photograph a tarantula. (I now regret not taking that small risk, since I haven't seen a tarantula since I got home.)

I love visiting other places, but it is always always nice to be home.

A walk in Sequim, WA

I am visiting family in Sequim, WA for the Thanksgiving holiday. What a complete change from the desert! It rained for 6 hours straight the day before yesterday, which was an absolute marvel to this desert dwelling girl. (Real rain?) When I went for a run yesterday, I could see my breath. Another wonder! And leaves. Oh, and did I mention I have seen shades of green I had nearly forgotten about? I've decided to drink in all of these new sights, and fill up my creative well. It's so important to do this, from time to time.

I thought you might like to come for a walk with my Dad and I.

I am fortunate that my Dad is incredibly patient with me, since I have to stop every ten paces to snap another photograph.

There are deer wandering around this neighborhood, and I have seen them three times now. Here are a couple of shots of them I NEVER would have gotten, had Mr. Pono the fuzzy dog been with me.

Are you doing anything special for Thanksgiving?
I am grateful for you, for reading my blog and sharing your thoughts with me. Happy Thanksgiving!